Today, November 5th 2012, the Guatemalan Union, Indigenous and Peasant Movement –MSICG-, received with great satisfaction the news that the sentence dated October 25th, 2012, issued by the Judge First of Labor and Social Prevision within File 0187-2010-00203 was notified, declaring null of full right the antiunion dismissal  executed by the Friedrich Ebert Foundation against companion Lesbia Guadalupe Amézquita Garnica, sentencing it to restore here  to her  previous work position there,  and make  effective the payment  of wages and other benefits not perceived as a consequence of her dismissal.

Despite the many delaying strategies and of the inappropriate legal procedure undertaken by FES during the process, in which  it went to court advised by one of the main anti-union lawyers’ offices in the country, and of its fruitless efforts to build a reality  different from the facts, the undisputed evidence presented by the plaintiff and the adequate application of the labor laws, as well as the principles of union freedom by the judge, have produced the issuing of a sentence that is a landmark in the administration of labor justice in Guatemala.

The sentence considers some fundamental facts as proven, like the fact that the companion was dismissed during the 99th International labor Conference, while she was at the headquarters of ILO in Geneva, Switzerland, that the dismissal was confirmed by written means when she arrived back in Guatemala, that it was executed in a period in which she was serving union duties and that effectively the FES had granted  the due license to companion  Lesbia Guadalupe Amézquita Garnica to attend the International Labor Conference, during which she was unfairly dismissed in an anti-union manner.

MSICG is joyful for the sentence that was issued by the Guatemalan labor justice, and makes a calling to the Friedrich Ebert Foundation to give effective compliance with it without taking the process to further delay, which would not only set back the effective compliance with the Guatemalan state of the law, but would also mean incurring in further unnecessary expenses which, ultimately, belong to the sister nation of Germany, with a hardly defendable end, which is avoiding the restoration of a violation of the basic principles of union freedom and labor laws in our country. 

POLITICAL COUNCIL
GUATEMALAN UNION, INDIGENOUS AND PEASANT MOVEMENT
MSICG